Divorced in Europe but Still Married in Turkey? Here Are the Risks!

Being divorced in courts in Germany, the UK, or France does not mean you are "single" under Turkish law. If you have not had your foreign divorce decree recognized by Turkish courts, you still appear as married in the Republic of Turkey's registry records.

You might think, "What happens if I look married on paper?" This is not just a simple registry error; it carries serious legal risks directly affecting your life, from inheritance to custody, and your right to remarry to your assets. In this article, we explain the risks expats may face in Turkey post-divorce and the Recognition and Enforcement process to eliminate them.

1. The Biggest Risk: "Your Ex-Spouse Could Still Be Your Heir"

You divorced abroad but did not register this decision in Turkey via a "Recognition Lawsuit." In this case, you are legally still married under the Turkish Civil Code. God forbid, if you pass away today, your divorced ex-spouse would be a legal heir to all your assets in Turkey (house, land, bank account, etc.). Being divorced in Europe does not prevent them from receiving a share in the Turkish certificate of inheritance.

Inheritance in Turkey: A Dual Legal System

Inheritance law becomes complex when foreign elements are involved. In Turkey, the inheritance process is subject to two different laws depending on the type of asset:

• Immovable Property (House, Land): Regardless of your citizenship, Turkish Law applies exclusively to real estate within Turkish borders. If you appear "married" under Turkish law, your spouse has rights over that property.
• Movable Property (Bank Account, Car): For movable assets like money, stocks, or vehicles, the national law of the deceased applies.

2. Custody Risk: "Which Country Will Decide for Your Child?"

Children are the most sensitive point of the divorce process. A custody decision made by a European court is not automatically valid in Turkey. If you need to perform a legal transaction regarding your child (school registration, passport, travel abroad) when you come to Turkey, Turkish authorities may ignore the European decision. An "Enforcement Lawsuit" must be filed for your custody decision abroad to be executable in Turkey.

3. Obstacle to Remarriage

You may want to open a new chapter in your life. However, as long as you appear "married" in the Turkish registry, it is impossible for you to remarry in Turkey or at Turkish Consulates.

The Solution: What is a Recognition and Enforcement Lawsuit?

The way to eliminate all these risks is to integrate the foreign court decision into the Turkish legal system. This process is divided into two:

• Recognition: Accepting the foreign court decision as a final judgment in Turkey. Your registry record is corrected to "single." Inheritance and remarriage risks are eliminated.
• Enforcement: Making the foreign decision executable. It is essential specifically for matters like custody, alimony, and compensation to be valid in Turkey.

Do You Have to Come to Turkey?

No. You do not need to disrupt your work or order in Europe or travel to Turkey. As BV Law, with the power of attorney we receive from our clients abroad, we initiate the process on your behalf, follow the hearings, and complete the registration procedures at the civil registry office.